From Casetext: Smarter Legal Research

Gunter v. Gunter

Supreme Court of North Carolina
Sep 1, 1949
55 S.E.2d 81 (N.C. 1949)

Opinion

Filed 28 September, 1949.

Mortgages 40 — An alleged parol agreement entered into by the parties just prior to foreclosure sale, which amounts to nothing more than an oral option to the mortgagor to repurchase, is insufficient to charge the purchaser at the sale as trustee or to impress a trust upon his title.

APPEAL by plaintiff from Moore, J., April Term, 1949, MADISON.

Calvin R. Edney and James E. Rector for plaintiff appellant.

Carl R. Stuart for defendant appellees.


Civil action to impress a trust upon defendant's title to the real property described in the complaint.

From judgment of nonsuit plaintiff appealed.


A mortgage on the locus, executed by plaintiff, was foreclosed. Defendant became the purchaser at the sale. Plaintiff now seeks to have defendant declared trustee for his use and benefit by reason of a parol agreement entered into by them just prior to the sale. A careful examination of the testimony discloses that the contract of the parties, if made, constitutes nothing more than an oral option to repurchase. It is insufficient to charge defendant as trustee or to impress a trust upon his title. Hence the judgment entered must be

Affirmed.


Summaries of

Gunter v. Gunter

Supreme Court of North Carolina
Sep 1, 1949
55 S.E.2d 81 (N.C. 1949)
Case details for

Gunter v. Gunter

Case Details

Full title:MILLARD GUNTER v. B. G. GUNTER AND ELMER GUNTER AND WIFE, VINA GUNTER

Court:Supreme Court of North Carolina

Date published: Sep 1, 1949

Citations

55 S.E.2d 81 (N.C. 1949)
230 N.C. 662

Citing Cases

Roberson v. Pruden

The defendants assign as error the ruling of the trial judge in denying their motion for judgment of nonsuit,…

Bahadur v. McLean

This would be insufficient to charge defendant as trustee or to impress a trust upon his title. Gunter v.…